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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2664 By: Steagall
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Sections 3001, as amended by Section 1, Chapter
252, O.S.L. 2022, 3003, as amended by Section 3,
Chapter 252, O.S.L. 2022 and 3004, as amended by
Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp.
2022, Sections 3001, 3003 and 3004), which relate to
the State Use Advisory Council; clarifying language ;
and providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 3001, as
amended by Section 1, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 3001), is amended to read as follows:
Section 3001. A. There is hereby created in the Office of
Management and Enterprise Services an advisory council to be known
as the "State Use Advisory Council". The Council shall consist of
seven (7) members:
1. A private citizen conversant with the employment nee ds of
people with significant disabilities who shall be appointed by and
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serve at the pleasure of the Governor to act as an advocate for th e
employment needs of people with significant disabilities;
2. The Director of the Office of M anagement and Enterpri se
Services or designee;
3. The Director of the Department of Rehabilitation Services,
or designee;
4. One member who shall be a state use prov ider who shall be
appointed by the President Pro Tempore of the Senate;
5. An individual or a parent or guardian of an individual with
significant disabilities who participates in vocational programm ing
through a qualified nonprofit agency for individuals with
disabilities, to be appointed by the Speaker of the House of
Representatives;
6. The Director of Human Services, or designee; and
7. A person employed by the Office of Management and Enterp rise
Services Central Purchasing Division as a contracting officer,
appointed by the State Purchasing Director .
B. The private citizens on the Council shall serve for a period
of two (2) years and may be reappointed by the appointing authority.
Any private citizen appointed pursuant to this section to fill a
vacancy occurring prior to the expiration of the term for which the
predecessor was appointed shall be appointed only for the remainder
of the term.
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The State Use Advisory Council shall meet a minimum of twice a
year for the purpose of exchanging ideas to market and improve the
State Use Program.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 3003, as
amended by Section 3, Chapter 252, O.S.L. 2022 (7 4 O.S. Supp. 2022,
Section 3003), is amended to read as follows:
Section 3003. As used in Section Sections 3001 et seq. through
3009 of this title:
1. "Blind person" means a person having a visual acuity n ot to
exceed 20/200 in the bet ter eye, with correcting lenses, or visual
acuity greater than 20/200 but with limitation in th e field of
vision such that the widest diameter of visual f ield subtends an
angle no greater than twenty (20) degrees;
2. "Council" means the State Use Advisory Council;
3. "Qualified nonprofit agency for the employment of people
with significant disabil ities" means a nonprofit agency employing
persons with significant disabilities who constitute at least
seventy-five percent (75%) of the direct labor hours engaged in
direct production, manufacturing, processing and/or assembling of
products or services offered by the agency for procurement by this
state or who meet the definition of blind person as provided for in
paragraph 1 of this section, or which is certified as a sheltered
workshop by the Wage and Hour Division of the United States
Department of Labor;
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4. "Person with significant disabilities" means an individual
with a physical or mental disability constituting a substantial
handicap to employment and preventing the person from engaging in
normal competitive employment and /or includes any blind person;
5. "Qualified organization" means a blind person or qualified
nonprofit agency for the employment of people with significant
disabilities contracting to supply goods or services;
6. "Manufactured" means goods made by manual labor;
7. "Produced" means to have brought into existence or created
from raw materials;
8. "Processed" means the action of taking something through an
established and mostly routine set of procedures or steps to
substantially convert a potential product from one form to another.
This action involves a sequence of multiple steps each requiring a
distinct decision-making process to evolve a potential product to
the next step;
9. "Assemble" means to put or fit together or put together the
parts of a potential product;
10. "Central nonprofit agency (CNA)" means a qualified 501(c)3
nonprofit entity meeting the qualifications in the Request for
Procurement (RFP) issued by the Office of Management and Enterprise
Services selected to administer and oversee the State Use Program;
and
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11. "Procurement schedule" means a designated schedule of
products and services currently approved by the Office of Management
and Enterprise Services Central Purchasing Division as suitable to
procure from qualified organizations particip ating in the State Use
Program.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 3004, as
amended by Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 3004), is amended to read as follows:
Section 3004. The Office of Management and Enterprise Services
Central Purchasing Division shall designate and distribute by
regulation a schedule, hereinafter referred to as the procurement
schedule, of the products directly manufactured, produced, processed
or assembled or services directly performed, offered or provided by
any person with significant disabilities or qualified nonprofit
agency for the employment of people with significant disabilities,
as defined in Section 3003 of this title, which the State Purchasing
Director determines are suitable for procurement by the state. The
products and services on contract will shall be published on the
procurement schedule and will be designated as mandatory. The
Office of Management and Enterprise Services Central Purchasing
Division shall have the authority to qualify organizations for
inclusion in the State Use Program, monitor qualified organizations
for continued complia nce to remain active in the program, and remove
organizations from the program. The Central Purchasing Division
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shall have the authority to award and manage contracts to the
qualified organizations as well as to renegotiate or cancel
contracts when appropriate.
SECTION 4. This act shall becom e effective November 1, 2023.
59-1-6153 LRB 01/04/23